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MINUTES

 

SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY

Wednesday, May 20, 2009

7:30 a.m.

Capitol Extension, Room E1.016

 

*****

 

 

 

Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Transportation and Homeland Security was held on Wednesday, May 20, 2009, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

*****

 

MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator John Carona

Senator Kirk Watson

Senator Wendy Davis

Senator Robert Nichols

Senator Eliot Shapleigh

Senator Jeff Wentworth

Senator Rodney Ellis

Senator Florence Shapiro

Senator Joan Huffman

 

None

 

*****

 

The chair called the meeting to order at 7:30 a.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out HB 3095 and recognized the Senate sponsor, Senator Watson, to explain the bill.

 

Senator Watson sent up a committee substitute; the chair recognized Senator Watson to explain the difference between the committee substitute and the house bill as engrossed.

 

The chair opened public testimony on the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 1286 and recognized the Senate sponsor, Senator Huffman, to explain the bill.

 

The chair opened public testimony on the bill. The witness registering on the bill is shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 4409 and recognized Senator Huffman, in the absence of the Senate sponsor, to explain the bill.

 

Senator Huffman sent up a committee substitute; the chair recognized Senator Huffman to explain the difference between the committee substitute and the house bill as engrossed. 

 

The chair opened public testimony on the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 400 and recognized Senator Davis, in the absence of the Senate sponsor, to explain the bill.

 

The chair opened public testimony on the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 4064 and recognized Senator Davis, in the absence of the Senate sponsor, to explain the bill.

 

The chair opened public testimony on the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

At 7:45 a.m. Senator Watson assumed the chair. 

 

The chair laid out HB 805 and recognized the Senate sponsor, Senator Carona, to explain the bill.

 

Senator Carona sent up a committee substitute to HB 805. The chair recognized Senator Carona to explain to the difference between the committee substitute and the house bill as engrossed.

 

Senator Corona sent up Committee Amendment 1 to the committee substitute to HB 805.

 

Senator Corona sent up Committee Amendment 2 to the committee substitute to HB 805.

 

The chair opened public testimony on the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 2057 and recognized Senator Davis, in the absence of the Senate sponsor, to explain the bill.

 

Senator Shapleigh sent up Committee Amendment 1.

 

The chair opened public testimony on the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 3672 and recognized the Senate sponsor, Senator Carona, to explain the bill.

 

The chair opened public testimony on the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

At 7:58 a.m. Senator Carona resumed the chair.

 

The chair laid out HB 965 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill.

 

The chair opened public testimony on the bill. There being no witnesses, the chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 768 and recognized the Senate sponsor, Senator Hegar, to explain the bill.

 

The chair opened public testimony on the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 1749 and recognized the Senate sponsor, Senator Hegar, to explain the bill.

 

The chair opened public testimony on the bill. The witness registering on the bill is shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 2854 and recognized Senator Wentworth, in the absence of the Senate sponsor, to explain the bill.

 

Senator Wentworth sent up Committee Amendment 1.

 

The chair opened public testimony on the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 2346 and recognized Senator Huffman to explain the bill.

 

Senator Ellis sent up Committee Amendment 1.

 

The chair opened public testimony on the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 3785 and recognized Senator Huffman to explain the bill.

 

Senator Wentworth sent up Committee Amendment 1.

 

The chair opened public testimony on the bill. The witness testifying on the bill is shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out as a matter of pending business HB 300 and the committee substitute that was previously sent up by Senator Hegar.

 

Senator Hegar sent up Committee Amendments 1, 2, 3, 4, 5, 6, and 7.

 

Senator Estes sent up Committee Amendment 8.

 

Senator Uresti sent up Committee Amendment 9.

 

Senator Williams sent up Committee Amendments 10, 11, 12, and 13.

 

Senator Ellis sent up Committee Amendment 14.

 

Senator Nichols sent up Committee Amendments 15, 16, 17, and 18.

 

Senator Wentworth sent up Committee Amendment 19, 20, 21, 22, 23, 24, and 25.

 

Senator Watson sent up Committee Amendments 26, 27, 28, 29, 30, 31, and 32.

 

Senator Harris sent up Committee Amendment 33.

 

Senator Hinojosa sent up Committee Amendment 34.

 

Senator Shapleigh sent up Committee Amendment 35.

 

Senator Huffman sent up Committee Amendment 36.

 

Senator Davis sent up Committee Amendments 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, and 49.

 

Senator Nichols sent up Committee Amendment 50.

Senator Carona sent up Committee Amendment 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, and 66.

 

Senator Hegar sent up Committee Amendment 67.

 

Senator Watson moved to withdraw Committee Amendments 8, 9, 12, 13, 14, 19, 20, 21, 22, 23, 24, 25, 34, 37, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 56, 57, 59, 60, 61, 63, and 66; without objection, it was so ordered.

 

The chair reopened public testimony on the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair announced that the bill would be left pending.

 

The chair laid out as a matter of pending business HB 400.  

 

Senator Watson moved that HB 400 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. 

 

Senator Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 4064.  

 

Senator Watson moved that HB 4064 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. 

 

Senator Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 768.  

 

Senator Nichols moved that HB 768 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 1749.  

 

Senator Nichols moved that HB 1749 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 965.  

 

Senator Shapleigh moved that HB 965 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. 

 

Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 2854.  

 

Senator Wentworth moved adoption of Committee Amendment 1 that was previously sent up; without objection, it was so ordered. 

 

Senator Wentworth moved that HB 2854 as amended be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. 

 

Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 1286.  

 

Senator Huffman moved that HB 1286 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. 

 

Senator Huffman moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 2346.  

 

Senator Shapleigh moved adoption of Committee Amendment 1 that was previously sent up; without objection, it was so ordered. 

 

Senator Shapleigh moved that HB 2346 as amended be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. 

 

Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 3785.  

 

Senator Wentworth moved adoption of Committee Amendment 1 that was previously sent up; without objection, it was so ordered. 

 

Senator Wentworth moved that HB 3785 as amended be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. 

 

Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 3095.  

 

Senator Watson moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered. 

 

Senator Watson moved that HB 3095 do not pass but that CSHB 3095 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent

 

Senator Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 2057.  

 

Senator Shapleigh moved adoption of Committee Amendment 1 that was previously sent up; without objection, it was so ordered. 

 

Senator Davis moved that HB 2057 as amended be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. 

 

Senator Davis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

 At 9:04 a.m. Senator Watson assumed the chair. 

 

The chair laid out as a matter of pending business HB 805.  

 

Senator Carona moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered. 

 

Senator Carona moved adoption of Committee Amendment 1 that was previously sent up; without objection, it was so ordered. 

 

Senator Carona moved adoption of Committee Amendment 2 that was previously sent up; without objection, it was so ordered. 

 

Senator Carona requested unanimous consent to incorporate the amendments into the committee substitute; without objection, it was so ordered.  Senator Carona then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Carona moved that HB 805 do not pass but that CSHB 805 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 4311.  

 

Senator Davis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Davis moved that HB 4311 as amended be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.

 

Senator Davis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 3650.  

 

Senator Carona moved adoption of Committee Amendment 1 that was previously sent up; without objection, it was so ordered. 

 

Senator Carona moved that HB 3650 as amended be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 2 nays, 0 present not voting, and 0 absent.

 

At 9:15 a.m. Senator Carona resumed the chair.

 

The chair laid out as a matter of pending business HB 300.  

 

Senator Watson moved adoption of Committee Amendments 1, 2, 3, 4, 5, 6, 7, 10, 11, 15, 16, 17, 18, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 39, 40, 51, 54, 55, 58, 62, 64, 65, and 67; without objection, it was so ordered.

 

Senator Watson requested unanimous consent to incorporate the adopted amendments into the committee substitute; without objection, it was so ordered.  Senator Watson then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Watson moved that HB 300 do not pass but that CSHB 300 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 1 nay, 0 present not voting, and 0 absent. 

 

The chair moved to adopt the motions in writing of Senators Ellis and Wentworth; without objection, it was so ordered.

 

There being no further business, at 9:23 a.m. Senator Watson moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered.

 

 

 

 

 

 

_____________________________

Senator John Carona, Chair

 

 

_____________________________

Kelsey Erickson, Clerk